40B106. Remedies
(a) If the court finds by a preponderance of the evidence that the petitioner has been a victim of stalking conduct by the respondent, the court shall issue a stalking protection order. The petitioner shall not be denied a stalking protection order because the petitioner or the respondent is a minor or because the petitioner did not report the stalking conduct to law enforcement. The court, when determining whether or not to issue a stalking protection order, may not require proof of the respondent’s intentions regarding the acts alleged by the petitioner.
(b) The court may provide relief as follows:
(1) restrain the respondent from having any contact, including nonphysical contact, with the petitioner directly, indirectly, or through third parties regardless of whether those third parties know of the order;
(2) exclude the respondent from the petitioner’s residence, workplace, or school, or from the daycare or school of the petitioner’s minor children;
(3) prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;
(4) prohibit the respondent from keeping the petitioner and/or the petitioner’s minor children under surveillance, to include electronic surveillance;
(5) order any other injunctive relief as necessary or appropriate for the protection of the petitioner;
(6) order any other injunctive relief as necessary or appropriate for the protection of the petitioner, to include a mental health and/or chemical dependency evaluation; and
(7) require the respondent to pay the administrative court costs and service fees incurred in bringing the action, including reasonable attorneys’ fees.
(c) The court may order the respondent to surrender all firearms, ammunition, permits to purchase firearms, permits to carry firearms, and other dangerous weapons that are in the care, custody, possession, ownership, or control of the respondent if the court finds any of the following factors are present and the petitioner requests that the respondent’s firearms, ammunition, permits to purchase firearms, permits to carry concealed firearms, and other dangerous weapons be seized:
(1) the use or threatened use of a dangerous weapon by the respondent or a pattern of prior conduct involving the use or threatened use of violence with a firearm against persons;
(2) threats to seriously injure or kill the petitioner or minor child by the respondent;
(3) threats to commit suicide by the respondent; or
(4) serious injuries inflicted by the respondent upon the petitioner or a minor child.
(d) Any protection order shall be for a fixed period of time as the court deems appropriate. The court may not terminate or modify an existing stalking protection order unless the respondent proves by a preponderance of the evidence that there has been a substantial change in circumstances such that the respondent will not resume acts of stalking conduct against the petitioner or those persons protected by the protection order if the order is terminated or modified. The petitioner bears no burden of proving that he or she has a current reasonable fear of harm by the respondent.
(e) A knowing violation of a court order issued under this Section is a misdemeanor punishable by imprisonment of no less than forty-eight (48) hours and not more than one (1) year, and by a fine of not more than One Thousand Dollars ($1,000).